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                            Before the
                 FEDERAL COMMUNICATIONS COMMISSION
                      Washington, D.C. 20554


Barbara A. Karolides                              File No.: EB-04-
DL-243
David C. Rose                                     Citation: 
C20053250003
Pink Lightning Chrome and CB's, Inc.              Sent via 
Certified
1575 Donna Road                                   Return Receipt 
Requested
West Palm Beach, FL  33409                        and First Class 
U.S. Mail


                             CITATION

                                         Released: October 29, 2004
By the Enforcement Bureau, Dallas Office: 

     1.   This is an Official Citation issued pursuant to Section 
       503(b)(5) of the Communications Act of 1934, as amended 
       (``Act''),1 to Barbara A. Karolides / David C. Rose / Pink 
       Lightning Chrome & CB's, Inc. for violation of Section 
       302(b) of the Act,2 and Sections 2.803(a)(1) and 
       2.815(b)&(c) of the Commission's Rules.3  

     2.   An investigation by the FCC's Dallas Office revealed that 
       the Internet domain name pinklightning.com is registered to 
       BigRig Chrome, 526 Smith Lane, Tullahoma, TN  37388 with 
       Andy Beckman, Chrome Helmet Music, 526 Smith Ln, Tullahoma, 
       TN  37388 listed as the administrative and technical 
       contact.  Furthermore, on August 25, 2004, Barbara A. 
       Karolides, David C. Rose and Pink Lightning Chrome & CB's, 
       Inc., through the use of Internet site www.pinklightning.com 
       (with the name and address currently listed on the site as 
       ``Pink Lightning Chrome & CB's, 1575 Donna Road, West Palm 
       Beach, FL  33409''), offered for sale the following twenty-
       four (24) non-certified Citizens Band transceivers: 

      NAME       MODEL         PRICE   DESCRIPTION 
      Connex     3300          $189.99 ``Band (A,B,C,D,E,orF) 
Selector'', ``Echo''
      Connex     3300HP        $199.99 ``240 Channels'', ``Band 
Switch-Hi/Low'' 
      Connex     4400          $215.99 ``8 Bands, 360 Channels'', 
``Echo/Reverb'' 
      Connex     4400 HP       $229.99 ``8 Bands, 360 Channels'', 
``Echo/Reverb'' 
      Connex     4800-DXL      $319.99 ``12 Bands of 40 Channels 
(480 Channels)'' 
      Galaxy     DX-33HML      $185.99 ``6 Bands, 240 Channels'',  
``Echo/Reverb''
      Galaxy     DX-44V        $199.99 
      Galaxy     DX 48T        $379.99 ``50 watts for AM and FM'' 
      Galaxy     DX-55V        $199.99  
      Galaxy     DX66V         $259.99 ``8 Bands, 360 Channels'', 
``Echo/Reverb'' 
      Galaxy     DX 73V        $289.99 ``8 Bands, 360 Channels'' 
      Galaxy     DX-77HML      $249.99 ``6 Bands, 240 Channels'' 
      NAME       MODEL         PRICE   DESCRIPTION     
      Galaxy     DX 88HL       $325.99 ``360 Channels'', 
``Echo/Reverb'' 
      Galaxy     DX 93T        $409.99 ``50 watts for AM/FM and 150 
watts for SSB''
      Galaxy     DX 95T        $449.99 ``50 watts for AM/FM and 150 
watts for SSB''
      Galaxy     DX99V         $355.99 ``8 Bands, 360 Channels'', 
``Echo/Reverb'' 
      Ranger     RCI-2950DX    $309.99 
      Ranger     RCI-2970DX    $449.99 ``150 Watt High Power 
Model'' 
      Ranger     RCI-2985DX    $489.99 
      Ranger     RCI-2995DX    $589.99 
      Ranger     RCI-6300F25   $299.99 ``6-band segments'' 
      Ranger     RCI-6300 F150 $449.99 ``6-band segments'' 
      Ranger     RCI-6900 F25  $339.99 ``6-band segments'' 
      Ranger     RCI-6900 F150 $489.99 ``6-band segments'' 

According to the Commission's records, these devices have not 
received an FCC equipment authorization which is required for 
Citizens Band transmitters marketed in the United States. 

     3.   Section 302(b) of the Act2 provides ``[n]o person shall 
       manufacture, import, sell, offer for sale, or ship devices 
       or home electronic equipment and systems, or use devices, 
       which fail to comply with regulations promulgated pursuant 
       to this section.''  Section 2.803(a)(1) of the Rules3 
       provides that ``... no person shall sell or lease, or offer 
       for sale or lease (including advertising for sale or lease), 
       or import, ship or distribute for the purpose of selling or 
       leasing or offering for sale or lease, any radio frequency 
       device unless:  (1) In the case of a device subject to 
       certification, such device has been authorized by the 
       Commission in accordance with the rules in this chapter and 
       is properly identified and labeled ....''  Barbara A. 
       Karolides / David C. Rose / Pink Lightning Chrome & CB's, 
       Inc. offered these devices for sale in violation of both 
       sections. 

     4.   Barbara A. Karolides / David C. Rose / Pink Lightning 
       Chrome & CB's, Inc. marketed these devices as amateur and/or 
       Citizens Band transceivers.  The Commission has evaluated 
       radio frequency devices similar to those listed in paragraph 
       2 and concluded that the devices at issue are not only 
       amateur radios but can easily be altered for use as Citizens 
       Band devices as well.  A CB transmitter is a transmitter 
       that operates or is intended to operate at a station 
       authorized for the CB service, and it must be certificated 
       by the FCC prior to marketing or importation.4  The 
       Commission has further concluded that these devices fall 
       within the definition of a CB transmitter and therefore 
       cannot legally be imported or marketed in the United States.  
       See Response from the Commission's General Counsel to U.S. 
       Customs Service dated May 17, 1999, 14 FCC Rcd 7797 (1999). 

     5.   Additionally, dual use CB and amateur radios of the kind 
       at issue here may not be certificated under the Commission's 
       rules.  Section 95.655(a) of the Rules5 states: ``. . . . 
       ([CB] Transmitters with frequency capability for the Amateur 
       Radio Services . . . . will not be certificated.)''  See 
       also FCC 88-256, 1988 WL 488084 (August 17, 1988).  This 
       clarification was added to explicitly foreclose the 
       possibility of certification of dual use CB and amateur 
       radios, see id., and thereby deter use by CB operators of 
       frequencies allocated for amateur radio use. 
     6.   Furthermore, the Commission has revised Section 
       2.1204(a)(5) of its Rules6 to prohibit all marketing and/or 
       offering for sale in the United States of such devices even 
       when the purchaser(s) had provided assurances that the 
       transceivers are being bought solely for export.  ALL 
       DOMESTIC MARKETING OF SUCH DEVICES VIOLATES THE 
       COMMUNICATIONS ACT OF 1934, AS AMENDED, AND THE COMMISSION'S 
       RULES. 

     7.   In addition to the marketing of the non-certified 
       transceivers addressed above, Barbara A. Karolides, David C. 
       Rose and Pink Lightning Chrome & CB's, Inc. are warned that 
       Section 302(b) of the Act2, and Section 2.815(c) of the 
       Commission's Rules7 requires FCC Type Acceptance (or 
       Certification) of External Radio Frequency Power Amplifiers 
       (or amplifier kits) capable of operation on any frequency or 
       frequencies below 144 MHz.  Furthermore, Section 2.815(b) of 
       the Commission's Rules8 prohibits the marketing of External 
       Radio Frequency Power Amplifiers (or amplifier kits) capable 
       of operation on any frequency or frequencies between 24 and 
       35 MHz.  Non-certified External RF Power Amplifiers 
       requiring certification include, but are not limited to, the 
       Texas Star brand.  

     8.   Subsequent violations of the Communications Act and/or of 
       the Commission's Rules may subject the violator to 
       substantial monetary forfeitures not to exceed $11,000 for 
       each such violation or each day of a continuing violation,9 
       seizure of equipment through in rem forfeiture action, and 
       criminal sanctions including imprisonment.10 

     9.   Barbara A. Karolides / David C. Rose / Pink Lightning 
       Chrome & CB's, Inc. may request a personal interview at the 
       closest FCC location to its place of business,11 namely: 

                    Federal Communications Commission 
                    2203 N. Lois Avenue, Suite 1215 
                    Tampa, Florida  33607-2356 

which can be  contacted by  telephone at  XXX XXX-XXXX.   They must 
schedule this interview to take place within 14 days of the date of 
this citation.   Barbara  A.  Karolides  /  David C.  Rose  /  Pink 
Lightning Chrome & CB's, Inc. may submit a written statement within 
14 days of the date of this citation to the following address: 

                    Federal Communications Commission
                    9330 LBJ Freeway, Suite 1170
                    Dallas, Texas  75243-3470

which can be contacted by telephone at XXX XXX-XXXX.  Any written 
statement should specify what actions have been taken to correct 
the violation outlined above.  When corresponding with the 
Commission, case number EB-04-DL-243 and citation number 
C20053250003 should be referenced. 

     10.  Any statement or information provided may be used by the 
       Commission to determine if further enforcement action is 
       required.12  Any knowingly or willfully false statement made 
       in reply to this notice is punishable by fine or 
       imprisonment.13 

                                   FEDERAL COMMUNICATIONS 
                                   COMMISSION



                                   James D. Wells 
                                   District Director
                                   Dallas Office
                                   FCC Enforcement Bureau

LRB 
Cc:Mr. David C. Rose 
   Pink Lightning Chrome & CB's, Inc. 
   1205 Whitney St 
   West Palm Beach, FL  33401-6861 

   Mr. Andy Beckman 
   Pink Lightning Chrome & CB's 
   Chrome Helmet Music 
   526 Smith Ln 
   Tullahoma, TN  37388 

   Federal Communications Commission 
   2203 N. Lois Avenue, Suite 1215 
   Tampa, FL 33607-2356  

   Resident agents 
   Miami, FL


_________________________

1 47 U.S.C.  503(b)(5)
2 47 U.S.C.  302a(b)
3 47 C.F.R.  2.803(a)(1)
4 See 47 C.F.R.  95.603(c) & 2.803
5 47 C.F.R.  95.655(a)
6 47 C.F.R.  2.1204(a)(5) revised effective February 28, 2000
7 47 C.F.R.  2.815(c)
8 47 C.F.R.  2.815(b)
9 See 47 C.F.R.  1.80(b)(3)
10 See 47 U.S.C.  401, 501, 503, 510
11 See 47 U.S.C.  503(b)(5)
12 See Privacy Act of 1974, 5 U.S.C. 552a(e)(3)
13 See 18 U.S.C. 1001